Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder?

QUESTIONS PRESENTED I. Did the Prosecution Fail to Prove Beyond a Reasonable Doubt That Valladares Committed First Degree Murder? II. Did Trial Counsel Render Ineffective Assistance by Failing to Investigate and to Present a Trauma Expert? Ill. Did the California Courts’ Unreasonable Refusal to Hold a Federal Evidentiary Hearing, Entitle Valladares to an Evidentiary Hearing? IV. Did the Trial Court Deprive Valladares of Due Process and a Fair Trial by Prejudicially Instructing the Jury with CALCRIM Nos. 3472 and/or 3474? V. Did the Trial Court’s Failure to Issue a Unanimity Instruction Deprive Valladares of Due Process and a Fair Trial? VI. Did the Trial Court’s Refusal to Allow the Jury to Test Fire the Gun Deprive Valladares of Due Process and a Fair Trial? VII. Did the Cumulative Effect of the Errors Render Valladares’ Trial Unfair? 1 TOPICAL INDEX Page QUESTIONS PRESENTED . 01 CONSTITUTIONAL PROVISIONS INVOLVED .1 FACTUAL AND PROCEDURAL BACKGROUND .3 REASONS TO GRANT CERTIORARI .7 I. THE PROSECUTION FAILED TO PROVE BEYOND A REASONABLE DOUBT THAT VALLADARES COMMITTED FIRST DEGREE MURDER .7 II. TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO INVESTIGATE AND TO PRESENT A TRAUMA EXPERT .8 lil. THE CALIFORNIA COURTS’ UNREASONABLE REFUSAL TO HOLD A FEDERAL EVIDENTIARY HEARING, ENTITLES VALLADARES TO AN IV. THE TRIAL COURT DEPRIVED VALLADARES OF DUE PROCESS AND A FAIR TRIAL BY PREJUDICIALLY INSTRUCTING THE JURY WITH CALCRIM NOS. 3472 AND/OR 3474 .14 V. THE TRIAL COURT’S FAILURE TO ISSUE A UNANIMITY INSTRUCTION DEPRIVED VALLADARES OF DUE PROCESS AND A FAIR il VI. THE TRIAL COURT’S REFUSAL TO ALLOW THE JURY TO TEST FIRE THE GUN DEPRIVED VALLADARES OF DUE PROCESS AND A FAIR VU. THE CUMULATIVE EFFECT OF THE ERRORS RENDERED VALLADARES’ TRIAL UNFAIR . 23